mother is only class 1 legal heir

2) siblings are class 2 legal heirs and have no share in flat 

3) advisable to ask mother to obtain letters of administration from Bombay high court 

4) siblings can execute consent affidavit 

5) it takes around 6 months to obtain LA. 

The property belongs to the siblings and the mother of the person who died intestate. Therefore a NOC should be taken from each and every sibling on the registered sale deed.

1. Mother is a class 1 legal heir. If mother is alive then the siblings are excluded from inheriting. I am assuming that the deceased was a Hindu and therefore Hindu Succession act will apply. 

2. Mere transfer of share certificate in the name of mother in the share certificate is not enough. Her title is not clear without an heirship certificate or a letters of administration obtained from the Court. This is important when you go to sell this flat in future. 

Hi, As per Hindu Succession Act, mother is the class-1 heir, if male hindu bachelor died interstate the property will be vest with his mother and she will be successor of her son property.

1. Mother is class I heir of a unmarried Hindu. You can buy property from her.

2..When mother is alive other relatives have no right to claim share in the property.

1. Obtain signatures of siblings as witnesses on the transfer documents.

1. If the original owner of the property is reported to have died intestate and he is reported to have been an unmarried person, then his successor in interest would be the lone surviving class I legal heir, i.e., his mother, hence there is no legal infirmity in society transferring his share certificate to his mother's name. 

She can get the property transferred to her name by producing the death certificate and legal heirship certificate after which she can sell the property in favor of any prospective buyer as an absolute owner with clear and marketable title to the property.

2.No, not at least during the lifetime of his mother.

3. You better get a legal opinion from a local lawyer before venturing into this purchase. 

1. Yes, after the death of an unmarried son , his property would be devolved upon his class 1 legal heirs i.e. mother

2. No , they have not right to claim during the life time of mother 

3. Take the consent of siblings as a witness in the property transaction . 

1. Name in share certificate is not a sign of ownership. It's one kind of assurance. The real. Ownership is as per succession laws of the land. 

Dear Client,

Yes, the mother is the legal owner of the property.

Yes, there will be a claim of the other siblings to the property, including the sister and brother if any.

Please check and avail the following documents from the buyer -

• Sale Deed;
• Mother Deed;
• Sale and Purchase Agreement;
• Building Approval Plan (if any);
• Possession Letter;
• Completion Certificate;
• Khata Certificate;
• Allotment Letter.

Thank you.